ELR Citation: 44 ELR 20081
No(s). 10-CV–89 (W.D.N.Y. Mar 31, 2014) (Arcara, J.)

A district court granted in part and denied in part motions to dismiss a corporation's CERCLA suit against an electronics company for costs incurred cleaning up lead contamination at a New York Superfund site. The electronics company, which had operated a steel plant and foundry on the site, claimed that the corporation's CERCLA claims are time barred. The company argued that since the corporation did not file the instant claim until over four years after the Phase I site cleanup was completed, its cost recovery action under CERCLA must be dismissed as time barred. But the Phase I and Phase II site cleanups constitute a single removal action. Therefore, the statute of limitations for recovery with respect to the Phase I site costs do not begin to run until removal has also been completed at the Phase II site. However, the corporation's state-law claims for contribution and indemnification are preempted by CERCLA. The court, therefore, granted the company's motion to dismiss these claims.